Fight Your Own Speeding Ticket

[DOOM&GLOOM]

This is great website, the laws based for Ontario,CANADA

However, the principals are the same. It will give you an idea of what you are up against.
To really help you beat a speeding ticket is the operators manual of the specific gun used to get you, you will find this out when you read.
You will learn about about the 2 kinds of speed measuring devices; Radar and Lidar and what makes them different.

http://www.magma.ca/~fyst/index.htm

[Tybalt]

Stickied, I may need this, could come in handy:whistling:

[FiReSTaRT]

Just don't take it to heart. The site is unreliable and the information is often outdated. With that being said, it still has some interesting info and is worth a read.

[DOOM&GLOOM]

I do legal advising for our company, in the Occupational Health and Safety Act for Construction.

This site is correct in its information and approach, remember all you have to do is remove the "shadow of a doubt" or a Charter breach to have success.

[FiReSTaRT]

While it may be beneficial to file for 11b after 8 months, most JP's in the GTA will give it as many as 15 before actually throwing out the case due to additional case law that came out after the Askov ruling. It's not sufficient to just state that it's been an x amount of time since the offense date, any more. Now you have to demonstrate how your constitutional rights were violated by the delay. That's one biggie that the site isn't touching and there are others. However, it may give you a false sense of confidence going into court.

[DOOM&GLOOM]

Remember the JP has little to no law experience, each JP makes their own rules.

In all honesty, you can have 16-18 months of delay, have properly filed your constitional challege and still have the JP crap on it with no reason given. Which can sadly leave you to appeals. Sad, but I have seen it. I have seen JP's who get a Charter arguement and immediately quash the case, without care of what the charge was. It's a crap shoot.

Firestart, I have appeals about things that shouldnt have had to go to appeals, because of some really poor decisions made by JP's, and some of these cases involved some of the best lawyers in the GTA. The JP was a F*ckn idiot , and in my opinion, wasted good tax payer money and let's not forget the poor sod who's being prosicuted.

You must remember when lawyers are writing articles and trying to put them simple terms, it doesn't work out to well. Working in the judicial system is a different world BIG TIME. Have you ever noticed how lawyers interprete things differently, defensive has one interpretation and the crown has another. I agree that this can be decieving, but its the person with the best arguement and showmanship that wins!

Court is an unusual place, were almost anything can happen( there is little consistancy in the lower courts, unfortunatnly.) only the higher courts were Provincial Jugdes rule do thing get fixed sadly.

The sites intent in my opinion, is to help the self starter who for what ever reason would like to defend themselves. I give people a starting point for research, there is more information to get you started in this website then any other that I have found.

:cheers:

[FiReSTaRT]

I'm not really trying to rag on the site, but the bottom line is that in case of 11b, no JP in Toronto will quash the case if it's been less than 12 months and most of them allow 15 for traffic cases. It's worth a shot after 8 months (if only to waste more of the court's time), but your chances are slim to none.
I agree about the current state of Ontario's JP's.. I remember that my case in Sudbury (careless) a few years back was handled by the person who inherited the position from the previous JP, whose assistant she used to be. You don't need to prove any knowledge of the law to be given such a position.
I also got convicted on a ticket that had a fatal error and had to appeal the conviction to get it off my record.
However, in practice, you can't just say "my 11b rights got violated and I want the case thrown out." R. v. Morin took care of that. The procedure is more involved and I'll do some digging on that issue.

[DOOM&GLOOM]

Some food for thought.

http://canlii.org/en/ca/charter_digest/s-9.html